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1!»0!).] DOCUMEXT Xo. (i. 103
OPINIONS TO THE GOVERNOR.
DEtDS OF GRIMES SPRING HILL AND OREGON TRACTS
OF LAND.
Attobney-Gexeral's Department.
Haleigii, X. C. March 27, 1!J07.
To llh ExcvlUncu, Kobert B. Glen.x, Ouvenior, h'dlcu/h. X. C.
Dear Sib:— I herewith transmit you abstract of title of the" Grimes
Slinng IIUl and Oregon tracts of laud, cousistiUR, in all, of eleven hun-dred
and fifty acres, which it is the intention of the State of North
Carolina to purchase. I find, upon a careful examination, that all the
deeds are regular in form, conveying the locus in quo, with the excep-tion
of deed No. 4 in the Gill tract. This deed, I find, it is unneces-s;
iry to have registered, for the reasons (1) that it does not convey to W ilham D. Cook any parcel or tract of land by metes aud bounds aud
(2) that deed No. 2 in the Gill tract quitclaims aud conveys to Wil-liam
Grimes the same property which it was the intention of deed
No. 4 of said tract to convey. I also find that Tract C, No 7 is the
will of Theophilus Hunter, dated May 21, 1S39. The material part ,.f
sMid will, with reference to this tract of land, is as follows:
"Item (;. I do hereby devise and bequeath to my daughters, Jane T.,
Maria aud Emma Hunter, a home and residence, and to their heirj
forever, the following tract of laud, situate, lying and being in the
county ot Wake aforesaid, to-wit: (here described by metes aud
b.auids), to have aud to hold the said tract of laud to them aud their
heirs, upon the express condition, limitation aud understanding that
(lie same is not to be divided until they all marry, and that the said
tr.irr of land .lud premises is to be and remain as their joint and
uiMlivided ),inp..rty as long as either of Ihem remains single and
Miuiian-ied. my intention being to provide a comfortable h.mie for my
daiu'hters, Jane, Maria and Emma iluiKcr. And it is my will md
tlii- said land is devised to them u|m,u the following conditio,, a„d
Im.itafion, that if either one of them attempts, either in a court of
l.nv or a court of e<iuit.v. to have a division of said tract of land made
b.tore the marriage of all of them, that those making said attempt
sh.ill lose all of her or their share in said tract of land
Two of these daughters marri.-d. the other one remained sin-l,> „,d
on October ti. t,S44, they divided their land imUuallv among tbem-sclvcs
witboMl going i,ii„ a curt nf law or equity to do so
r.iiefly. 1 (ind the law to be:
1. "A restriction on alienation in a devise, though the restrirtioi
for a limit.-d time or to a limited <-lass of persons, is ungatorv. unless
tlicre IS a n-vcrsion .,v lii,iitatioii over to a thinl p,.|-s„„ provid,.,! f,,r

1!»0!).] DOCUMEXT Xo. (i. 103
OPINIONS TO THE GOVERNOR.
DEtDS OF GRIMES SPRING HILL AND OREGON TRACTS
OF LAND.
Attobney-Gexeral's Department.
Haleigii, X. C. March 27, 1!J07.
To llh ExcvlUncu, Kobert B. Glen.x, Ouvenior, h'dlcu/h. X. C.
Dear Sib:— I herewith transmit you abstract of title of the" Grimes
Slinng IIUl and Oregon tracts of laud, cousistiUR, in all, of eleven hun-dred
and fifty acres, which it is the intention of the State of North
Carolina to purchase. I find, upon a careful examination, that all the
deeds are regular in form, conveying the locus in quo, with the excep-tion
of deed No. 4 in the Gill tract. This deed, I find, it is unneces-s;
iry to have registered, for the reasons (1) that it does not convey to W ilham D. Cook any parcel or tract of land by metes aud bounds aud
(2) that deed No. 2 in the Gill tract quitclaims aud conveys to Wil-liam
Grimes the same property which it was the intention of deed
No. 4 of said tract to convey. I also find that Tract C, No 7 is the
will of Theophilus Hunter, dated May 21, 1S39. The material part ,.f
sMid will, with reference to this tract of land, is as follows:
"Item (;. I do hereby devise and bequeath to my daughters, Jane T.,
Maria aud Emma Hunter, a home and residence, and to their heirj
forever, the following tract of laud, situate, lying and being in the
county ot Wake aforesaid, to-wit: (here described by metes aud
b.auids), to have aud to hold the said tract of laud to them aud their
heirs, upon the express condition, limitation aud understanding that
(lie same is not to be divided until they all marry, and that the said
tr.irr of land .lud premises is to be and remain as their joint and
uiMlivided ),inp..rty as long as either of Ihem remains single and
Miuiian-ied. my intention being to provide a comfortable h.mie for my
daiu'hters, Jane, Maria and Emma iluiKcr. And it is my will md
tlii- said land is devised to them u|m,u the following conditio,, a„d
Im.itafion, that if either one of them attempts, either in a court of
l.nv or a court of e „,d
on October ti. t,S44, they divided their land imUuallv among tbem-sclvcs
witboMl going i,ii„ a curt nf law or equity to do so
r.iiefly. 1 (ind the law to be:
1. "A restriction on alienation in a devise, though the restrirtioi
for a limit.-d time or to a limited